Please read this terms of service agreement carefully.  By accessing or using this website or any other websites affiliated with Ohana Apparel its affiliates or agents with links to this agreement the site in any way, including buying any product we sell on the site and/or merely browsing the site, you represent that you have read, understand, and agree to be bound by these terms of service, you are of legal age to form a binding contract with Ohana Apparel, and you have the authority to enter into these terms of service personally or on behalf of the company you have named as the user, and to bind that company to these terms.  The term “You” refers to the individual or legal entity, as applicable, identified as the user when you registered on the site.  

Please note that these Terms are subject to change by Ohana Apparel in its sole discretion at any time. When changes are made, Ohana Apparel will make a new copy of the Terms available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). Please regularly check the site for updates to the Terms of Service.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SITE USE 

You cannot access or use the Ohana Apparel website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Ohana Apparel  cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent. 

Also, you agree that no comments or other user submissions submitted by you to the Ohana Apparel website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

ACCOUNTS. 

When you set up an Account, you are required to provide your name and email address and select a password (together this is your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Site or services under your account information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Ohana Apparel be held liable to you for any liabilities or damages resulting from or arising out of (a) any action or inaction of Ohana Apparel under this provision, (b) any compromise of the confidentiality of your Account or password, and (c) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity

ORDERS

These Terms of Service shall govern any order you make through the site for products (such order, an “Order”).  Your placement of an order through our Site is an offer to purchase the product(s) ordered and we may accept your order by processing your payment and shipping the product(s). Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  No order will be considered accepted by Ohana Apparel until the Product(s) has been shipped. If we decline to accept your order, we will attempt to notify you at the email address you provided. We further reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Ohana Apparel upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order. All products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the products passes to you when Ohana Apparel provides the product(s) to a common carrier. All sales of products are subject to our then-current return policies, as posted on the site. Any estimated shipping date provided by Ohana Apparel is based on product availability and payment processing time, and does not include transit time.

PAYMENT 

To pay for an order, you will need to provide Ohana Apparel  with the information necessary to process an order from you, including your shipping address and billing information requested on the Site to pay for such an order. You may pay for your order via credit card. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorizations to do so. We assume that because orders require a valid credit card, only persons age 18 or over are placing orders, and providing us with the information requested during the order process. We shall not be liable in the event your children or others acting with or without your permission to use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.

PRICING AND PRODUCTS

 We make efforts to display our products and their colors as accurately as possible. Having said that, the displayed colors of the products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the products. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of the items on our site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

PROMOTIONAL OFFERS

We may run promotional offers from time to time on the Site. The Terms of any such promotion will be posted on the site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the Terms of such offer and end such offer at any point.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.  

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

FEEDBACK

 In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the site or the services (collectively “Feedback”), you agree that we may use the feedback to modify our products, site and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your feedback. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ohana Apparel and, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to services and Products that are not available in your country. These references do not imply that Ohana Apparel  intends to announce such services or Products in your country. The Site and Services are controlled and offered by Ohanna Apparel  from its facilities in the United States of America. Ohana Apparel makes no representation that the Site or the Products are available for use in other locations. 

GENERAL.

1. Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Ohana Apparel’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
2. Dispute Resolution. If you believe that Ohana Apparel has not adhered to these Terms of Service, please contact Ohana Apparel  by emailing us at info@ohana-apparel.com . We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

GOVERNING LAWS

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Texas, USA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. 

FORCE MAJEURE

Ohana Apparel shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

COMPLIANCE

If you believe that Ohana Apparel has not adhered to the Terms, please contact Ohana Apparel by emailing us info@ohana-apparel.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

1. Limitations Period. YOU AND OHANA APPAREL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SITE AND/OR SERVICES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
2. Notice. Where Ohana Apparel  requires that you provide an e-mail address, you are responsible for providing Ohana Apparel with your most current e-mail address. In the event that the last e-mail address you provided to Ohana Apparel is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Ohana Apparel’s  dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Ohana Apparel’s at the following address: Ohana Apparel at 3217 thorne hill ct. Richardson TX, 75082. Such notice shall be deemed given when received by Ohana Apparel  by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

ENTIRE AGREEMENT

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

LAST UPDATED 05.21.2020